HomeMy WebLinkAboutContract 55995 CSC No. 55995
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND THE
FORT WORTH INDEPENDENT SCHOOL DISTRICT
This INTERLOCAL AGREEMENT ("Agreement") is made and entered into and by and
between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas
("City"), acting by and through its duly authorized Assistant City Manager, and the FORT WORTH
INDEPENDENT SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally
constituted Independent School District ("FWISD"), acting by and through its duly authorized
representative. The City and FWISD are referred to herein individually as a"Party" and collectively as
the"Parties"
WHEREAS, the mission of the City is "Working together to build a strong community" with a
vision to"be the most livable and best managed city in the country';
WHEREAS, this mission and vision include providing opportunities for leadership development,
community connection and employment for individuals with intellectual or developmental disabilities
("IDD");
WHEREAS, the City also seeks to ensure access for all members of the community,encourages
volunteerism,and has a need for specialized staff training for working with the special needs population;
WHEREAS, the mission of the FWISD is to prepare all students for success in college, career
and community leadership; and seeks to have students become an active member of their community as
they transition from school into adulthood through experiencing opportunities available to them, such as
job skills,volunteering,responsibility,lifetime recreation and leisure,social groups and outreach.
WHEREAS, both the FWISD and City desire to create successful inclusive environments for
students, community members, and students with IDD through the promotion of community connections,
the offering of social outreach, leadership development opportunities, as well as through planned events
and engaging activities that support social-emotional behavioral development,it being further understood
that the goals of both organizations align
WHEREAS, City desires for FWISD to provide special education 1 training opportunities for
City staff working with adults and children with IDD;
WHEREAS, in exchange, the City will provide FWISD's IDD students and graduates that are 18
years of age or older with volunteer opportunities and free memberships to its community centers;
WHEREAS, the residents of the City will benefit from the FWISD's special education training
because City employees will be better trained to manage adults and children with IDD;
WHEREAS, each Party,in performing governmental functions or in paying for the performance
of governmental functions hereunder, will make that performance or those payments from current
revenues legally available to that Party;
WHEREAS, each Party finds that the performance of this Agreement is in the common interest
of the Parties, that the undertaking will benefit the public interest and that the division of costs fairly
compensates the performing Party for the services or functions under this Agreement;and
OFFICIAL RECORD
ILA with FWISD CITY SECRETARY
FT. WORTH, TX
NOW, THEREFORE, in consideration of the mutual promises and agreements contained
herein,the Parties mutually agree to the following:
SECTION 1
TERM AND TERMINATION
1.01 The initial term of this Agreement is for a period of one year,effective beginning on the
date that the City's authorized representative executes the Agreement("Initial Tenn").
1.02 The Initial Term may be renewed by mutual written agreement of the Parties for ten(10)
successive one-year terns under the same terms and conditions of this Agreement (each a "Renewal
Term").
1.03 Either Party may terminate this Agreement by providing thirty (30) days' written notice
to the other Party.
1.04 If FWISD breaches a material provision of this Agreement and such breach has not been
cured within thirty (30) calendar days after the City sends written notice to the FWISD(or, if additional
time is reasonably required in order to cure the breach and provided that FWISD is diligently pursing the
cure, within such additional time as may be necessary), then City will have the right to terminate this
Agreement.
1.05 In the event no funds or insufficient funds are appropriated by City in any fiscal period
for any of City's obligations under this Agreement, City will notify FWISD of such occurrence and this
Agreement will terminate on the last day of the fiscal period for which appropriations were received
without penalty or expense to City of any kind whatsoever, except as to the portions of the obligations
herein agreed upon for which funds have been appropriated.
1.06 In the event that this Agreement is terminated prior to the termination date,the City and
FWISD will be responsible for their respective duties and obligations under this Agreement up to the
effective date of termination.
SECTION 2
DUTIES AND RESPONSIBILITIES OF THE PARTIES
2.01 Duties and Responsibilities
(a) The FWISD will provide the following:
(i) Special Education or training specialists that will provide a minimum of 2
trainings (up to 3 hours in duration) a year for the City's community center staff,
which include the following topics:
1. Classroom Management
2. Techniques to engage children with Autism,Attention Deficit Disorders,and
Defiant Disorders
3. Handling behavior issues with children with special needs using a mental
health approach
4. De-escalation, including aggressive children, children who auto-inflict
harm,disarming children with sharp objects who threaten to harm themselves
or others
5. Approach to handling runners and ways to restrain children without being
physical
ILA with FWISD Page 2 of 8
(ii) A confirmation letter to graduates as evidence of prior enrollment in FWISD
Special Education program; ID badges will serve as proof of enrollment for
current students.
(iii)A list of volunteer opportunities at the City for FWISD IDD students and
graduates that are 18 years of age or older.
(b) City of Fort Worth will provide the following:
(i) Volunteer opportunities for FWISD IDD students and graduates that are 18 years
of age or older.
(ii) Gold level fitness center memberships to the City's community centers at no
charge for any FWISD IDD students and graduates that complete a minimum of
two(2)volunteer hours per month for twelve (12)months(or 24 hours per year)
within any City department. The membership will be for one full year.
(iii)Keep FWISD confirmation letters on file for FWISD students with IDD who
graduated from a FWISD school once they have applied for volunteer hours.
SECTION 3
INDEPENDENT CONTRACTOR
3.01 FWISD operates hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. FWISD has the exclusive control of, and the exclusive right to control all
work to be performed by FWISD pursuant to this Agreement and all persons performing the work,and to
the extent allowed by law and without waiver of any immunity of defense, will be solely responsible for
the acts and omissions of its officers,members,agents,and employees. City will not be responsible under
the doctrine of respondeat superior for the acts and omissions of FWISD, its officers, members, agents,
employees,or contractors.
3.02 The City operates hereunder as an independent contractor and not as an officer, agent,
servant, or employee of FWISD. The City will have the exclusive control of, and the exclusive right to
control all work to be performed by City pursuant to this Agreement and all persons performing the work,
and will be solely responsible for the acts and omissions of its officers,members,agents,and employees.
FWISD will not be responsible under the doctrine of respondeat superior for the acts and omissions of
City,its officers,members,agents,or employees.
3.03 Nothing herein will be construed as the creation of a partnership or joint enterprise
between City and FWISD. It is further understood that the City will, in no way, be considered a
co-employer or a joint employer of FWISD or any employees, representative, agents, servants, officers,
contractors, subcontractors, and volunteers of FWISD. Neither FWISD, nor any officers, agents,
servants, employees or subcontractors of FWISD will be entitled to any employment benefits from the
City. FWISD will be responsible and liable for any and all payment and reporting of taxes on behalf of
itself,and any of its employees,representatives,agents,servants,officers,contractors,subcontractors,and
volunteers.
SECTION 4
INSURANCE
4.01 City and FWISD are basically self-funded entities and, as such, generally, they do not
maintain commercial liability insurance policies to cover premises or auto liability. Damages for which
City or FWISD would ultimately be found liable would be paid directly and primarily by said party and
not be a commercial insurance company.
ILA with FWISD Page 3 of 8
SECTION 5
CLAIMS AND LIABILITY
5.01 Either Party agrees to notify the other Party promptly upon the receipt of any claim or
lawsuit brought in connection with any injury, death or damages on the Premises. Both Parties agree to
make their officers, agents, and employees available to each other at all reasonable times for any
statements and case preparation necessary for the defense of any claims or litigation for which a Party
may be responsible hereunder.
5.02 Without waiving any defenses including governmental immunity, each Party to this
Agreement agrees to be responsible for its own acts of negligence,which may arise in connection with all
claims for damages, costs and expenses to any person or property that may arise out of or be occasioned
by this Agreement or any of its activities, or from any act or omission of any employee, contractor, or
invitee of the Parties to this Agreement. The provisions in this paragraph are solely for the benefit of the
Parties to this Agreement and are not intended to create or grant any rights,contractually or otherwise to
any third party.
SECTION 6
NOTICES
6.01 Notices required pursuant to the provisions of this Agreement will be conclusively
determined to have been delivered when (1) hand-delivered to the other party, its agents, employees,
servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission,or
(3) received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
CIL1C: FWISD:
City of Fort Worth Dr.Kent Paredes Scribner
Park&Recreation Director Fort Worth ISD Superintendent of Schools
4200 South Freeway,Suite 2200 100 N. University Drive
Fort Worth,TX 76115 Fort Worth,TX 76107
With Copies to: With Cony to:
City of Fort Worth Fort Worth Independent School District
Attn:Assistant City Manager Attn: Legal Counsel
200 Texas Street 100 N.University Drive,SW 172
Fort Worth,TX 76102 Fort Worth,TX 76107
City of Fort Worth
Attn:City Attorney's Office
200 Texas Street
Fort Worth,TX 76102
SECTION 7
NONDISCRIMINATION
7.01 The Parties will not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any
other prohibited criteria in any decisions relating to this Agreement,and the Parties represent and wan-ant
ILA with FWISD Page 4 of 8
that, to the extent required by applicable laws,they are equal opportunity employers and will comply with
all applicable laws and regulations in any employment decisions.
SECTION 8
ASSIGNMENT
8.01 City and FWISD will not assign, sublet, subcontract or transfer any interest in this
Agreement without the written consent of the other party. Except as otherwise provided in this section,no
assignment, delegation of duties or subcontract under this Agreement will be effective without the written
consent of the other Party. It is understood and agreed that FWISD may use subcontractors for
construction and maintenance of the Improvement in accordance with the terms and conditions of this
Agreement. City may use contractors to perform its maintenance obligations under this Agreement.
SECTION 9
PARTIES BOUND
9.01 This Agreement is binding upon the successors and assigns of both Parties in like manner
as upon the original Parties.
SECTION 10
APPLICABLE LAW AND VENUE
10.01 This Agreement will be governed by the laws of the State of Texas. Venue for any action
brought to interpret or enforce, or arising out of or incident to, the terms of this Agreement will be in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
SECTION 11
SEVERABILITY OF PROVISIONS
11.01 If any of the Provisions contained in this Agreement are held for any reason to be invalid,
illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability,will be construed as
if such invalid,illegal,or unenforceable provision had never been contained herein.
SECTION 12
COMPLIANCE WITH LAWS
12.01 The Parties warrant that their obligations will be performed with due diligence in a safe
and professional manner and in compliance with any and all applicable statutes, rules and regulations.
The Parties will comply with all federal,state and local laws.
SECTION 13
RIGHT TO AUDIT
13.01 FWISD agrees that the City will,until the expiration of three(3)years after termination of
this Agreement, have access to and the right to examine any directly pertinent books,documents,papers
and records of FWISD involving transactions relating to this Agreement. FWISD agrees that the City will
have access during normal working hours to all necessary FWISD facilities and will be provided adequate
and appropriate workspace in order to conduct audits in compliance with the provisions of this section.
The City will give FWISD reasonable advance notice of intended audits. The City will be responsive to
its own costs in conducting an audit.
ILA with FWISD Page 5 of 8
SECTION 14
REMEDIES,SEVERABILITY,HEADINGS
14.01 No right or remedy granted herein or reserved to the Parties is exclusive of any other
right or remedy herein by law or equity provided or permitted but each will be cumulative of every other
right or remedy given hereunder. The failure of any Party hereto to exercise the rights granted them
herein upon the occurrence of any of the contingencies set forth in this Agreement will not in any event
constitute a waiver of any such rights upon the occurrence of any such contingencies.
14.02 If any of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants, conditions or any other part of this Agreement are for any reason held to be invalid,void or
unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions,
covenants conditions or any other part of this Agreement will remain in full force and effect and will in no
way be affected,impaired or invalidated.
14.03 The headings in this Agreement are inserted for reference only and will not define or
limit the provisions hereof.
SECTION 15
AUTHORIZATION
15.01 The undersigned officers and/or agents are properly authorized to execute this Agreement
on behalf of the Parties hereto and each party hereby certifies to the other Party that any necessary
resolution or actions extending such authority have been duly passed and are now in full force and effect.
SECTION 16
FORCE MAJEURE
16.01 If either Party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
wars; blockades; insurrections; riots; epidemics; public health crises;earthquakes;fires;floods;restraints
or prohibitions by any court, board, department, commission, or agency of the United States or of any
state; declaration of a state of disaster or of emergency by the federal,state,county,or City government in
accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the
United States Department of Homeland Security or any equivalent alert system that may be instituted by
any agency of the United States; any arrests and restraints; civil disturbances; or explosions; or some
other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"),the obligations
so affected by such Force Majeure Event will be suspended only during the continuance of such event. If
a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in the interest of
public safety and operate them as the City sees fit.
ILA with FWISD Page 6 of 8
SECTION 17
REVIEW OF COUNSEL
17.01 The Parties acknowledge that each Party and its counsel have reviewed and revised this
Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved
against the drafting Party will not be employed in the interpretation of this Agreement or exhibits hereto.
SECTION 18
IMMIGRATION NATIONALITY ACT
18.01 FWISD will verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9).
Upon request by City, FWISD will provide City with copies of all I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. FWISD will adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any FWISD employee who is not legally eligible to perform such services.FWISD will be
responsible for any penalties, liabilities, or losses due to violation of this section by FWISD or its
employees,subcontractors,agents,or licensees.
SECTION 19
MULTIPLE ORIGINALS AND ELECTRONIC SIGNATURES
19.01 The Parties may execute multiple originals and multiple counterparts of this Agreement,
each of which will be considered an original document.
19.02 This Agreement may be executed by electronic signature,which will be considered as an
original signature for all purposes and have the same force and effect as an original signature. For these
purposes,"electronic signature"means electronically scanned and transmitted versions(e.g.via pdf file or
facsimile transmission) of an original signature, or signatures electronically inserted via software such as
Adobe Sign.
SECTION 20
SOLE AGREEMENT
20.01 This Agreement represents the entire Agreement by and between the parties and
supersedes all previous letters, understanding or oral agreements between the City and FWISD. Any
representations, promises, or guarantees made but not stated in the body of this Agreement are null and
void and of no effect.
20.02 No Party may make, revise, alter, or otherwise diverge from the terms and conditions of
this Agreement without a written amendment to this Agreement. Changes to this Agreement are subject
to the approval of the City and FWISD's legal advisors and Board of Trustees.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
ILA with FWISD Page 7 of 8
IN WITNESS WHEREOF.the parries have executed this Agreement to he ellective on llte date
set I'arih in Sectitxt 1.
CITY OF PORT WORTI.1 FORT WORTH NUEPENDEW1'SCHOOL
llalG�%G lVgf lkg,tO�I DISTRICT:
Valerie Washington(Jul 12,20 12:23 CDT)
[3y: __.
Valerie Washington
Assistant City Manager Dr.Kent t'arce es Scri or
1 U l 12, 2021 Stiizerinlen/dettl.I orl Worth ISt
Unto:
kerrsnnn�trrfa�d:
F010'WOR`I'II tNl)Isl'13NDIsN'1'SCIIOUI,
By:Richard Zavala(Jui 10,0116:40 CDT) DISTRIC•TROARD01'rDt1CA'I'I0N
Itichanl Z.avala.Director
SLk- Park&Recreation Deparunent
96- -
13y: 13annl President
Kul11 Pickard.Assistant Director
Park&Recreation Departolent Date:_june 22,2021
APPROVED AS TO FORM AND LEGALITY:
FOIC WORTI I MIX-'11M - 'I'SCI IOOI.
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'l�rlcr 1:'Wnl lack
�dannn� Sr.Ambilant City Attorney
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rJ o o=d Mary J.Kayser Kurt Werth Independent St:hool Districl
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a�� rEXASb4 CON'i'itAC'1'AU1'I•IOltl%A1'ION: (.( t&-c-a lJJ'16& .�wt4 t<�
A e
� M&C: 21-0490 Angelica Underwood /Zak 4r rr.
1298:NIA Director.Special Education r e-
Contract Compliance Manager:By signing I acknowledge that I am the person Co�Csolomb,Assistant Superintendent
responsible for the monitoring and administration Specialized Academic Support Services
of this contract,including ensuring all
performance and reporting requirements. - J-� •�''�^1
By shA4lo,zozl t,7) eY' 4Dfe
Sheri Endsley,District Superintendent Chief Academic officer
Park&Recreation Department
RA with FWISD OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FORTWORTH
Fiscal Year October 1, 2020 - September 30, 2021
RE: Documentation of Insurance
City of Fort Worth Self-Funded Insurance Program
To Whom It May Concern:
Please accept this letter as documentation of the City of Fort Worth's insurance
program. The City of Fort Worth is basically a self-funded entity subject to statutory tort
laws. The City does not maintain a commercial policy of general liability insurance
and/or auto liability insurance. Damage for which the City of Fort Worth would
ultimately be found liable would be paid directly by the City of Fort Worth and not by a
commercial insurance company. City owned property is covered under the City of Fort
Worth Fire and Extended coverage program by a commercial insurance policy.
Statutory workers' compensation insurance, coverage is self-funded to the
$750,000.00 retention limit per incident over which commercial coverage responds
with no upper cap; and, employer's liability coverage ismaintained atthe $1,000,000.00
po[icylimit.
In the event there are any questions regarding the City of Fort Worth's insurance
program, or if I may be of additional assistance, please contact me at the address
provided, or phone direct to 817-392-7790 or email mark.barta(a�fortworthtexas.aov.
Thank you for your time and attention. Both are appreciated. On behalf of the City
of Fort Worth, we look forward to a continued business relationship.
Si,cerely,
Mark Barta
Risk Manager
FINANCIAL_ MANAGEMENT SERVICES DEPARTMENT
RISK MANAGEMENT DIVISION
CITY OF FORT wnRTTA* ')()O TFXAS gTRFFT* FORT WORTH TFXAfi 76I W
6/30/2021 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoRTWORTII
DATE: 6/22/2021 REFERENCE **M&C 21- LOG NAME: 80WAIVER OF COMMUNITY
NO.: 0490 CENTER FEES
CODE: G TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (ALL) Authorize the Execution of an Interlocal Agreement with the Fort Worth
Independent School District, wherein the Fort Worth Independent School District will
Provide Special Education Training Opportunities for City Employees in Exchange for the
City Providing Certain Fort Worth Independent School District Students with Volunteer
Opportunities and Community Center Gold Level Fitness Memberships; Authorize Waiver
of Community Center Gold Level Fitness Center Membership Fees; and Find for Public
Purpose
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent School
District, wherein the Fort Worth Independent School District will provide special education
training opportunities for City employees in exchange for the City providing certain Fort
Worth Independent School District Intellectually or Developmentally Disabled students and
graduates with volunteer opportunities and a community center gold level fitness
membership;
2. Authorize the waiver of community center Gold Level Fitness Memberships fees; and
3. Find that the waiver of such fees serves to carry out the public purpose of cooperative
engagement between public entities to create successful and inclusive environments for City
and Fort Worth Independent School District staff, community members, and students with
Intellectual or Developmental Disabilities through the promotion of community connections,
the offering of social outreach, training and development opportunities, as well as through
activities that support social-emotional behavioral development, and that adequate controls
are in place to carry out such public purpose.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of an
Interlocal Agreement with the Fort Worth Independent School District (FWISD) concerning special
education training for City employees.
FWISD's Special Education Department and City staff have forged a mutually beneficial Interlocal
Agreement whereby:
The FWISD will provide the following:
1. Special Education training specialists that will provide a minimum of 2 trainings (up to 3
hours in duration) a year for the City's community center staff, which include the following
topics:
a. Classroom management
b. Techniques to engage children with Autism, Attention Deficit Disorders, and Defiant
Disorders
c. Handling behavior issues with children with special needs using a mental health
approach
d. De-escalation, including aggressive children, children who auto-inflict harm, disarming
children with sharp objects who threaten to harm themselves or others
e. Approach to handling runners and ways to restrain children without being physical
2. A confirmation letter to graduates as evidence of prior enrollment in FWISD Special
Education program; ID badges will serve as proof of enrollment for current students.
apps.cfwnet.org/counciI_packet/mc_review.asp?ID=29038&counciIdate=6/22/2021 1/2
6/30/2021 M&C Review
3. A list of volunteer opportunities at the City for FWISD IDD students and graduates that are
18 years of age or older.
City of Fort Worth will provide the following:
1. Volunteer opportunities for FWISD IDD students and graduates that are 18 years of age or
older.
2. Gold level fitness center memberships to the City's community centers at no charge for any
FWISD IDD students and graduates that complete a minimum of two (2) volunteer hours per
month for twelve (12) months (or 24 hours per year) within any City department. The
membership will be for one full year.
3. Keep FWISD confirmation letters on file for FWISD students with IDD who graduated from a
FWISD school once they have applied for volunteer hours.
By approving this M&C, the City Council finds that the waiver of the fees serves to carry out the public
purpose of cooperative engagement between public entities to create successful and inclusive
environments for City and FWISD staff, community members, and students with IDD through the
promotion of community connections, the offering of social outreach, training and development
opportunities, as well as through activities that support social-emotional behavioral development, and
that adequate controls are in place to carry out such public purpose through the Interlocal Agreement.
This request serves all Council Districts.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect
on City funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year �(Chartfield 2) I
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Valerie Washington (6192)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: Kelli Pickard (5461)
ATTACHMENTS
Signature: '�►'�` ��
Sandra Youn d(Jul 9,202115:19 CDT)
Email: Sandra.Youngblood@fortworthtexas.gov
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